Aug 02, 2024 in News Legal News

Legal News: Getting Justice After a Hit-and-Run Car Accident

Source: Unsplash

A hit-and-run is an accident where two or more vehicles collide, and at least one driver leaves the scene without providing contact information or aiding those involved.

Hit-and-run accidents can be devastating, leaving victims feeling helpless and overwhelmed. Recently, a tragic incident on the Gardiner Expressway highlighted the severity of these crimes, as a driver fled the scene after fatally striking a pedestrian, possibly taking a ride-share home to evade capture.

This guide from our car accident lawyers will help you navigate the aftermath of a hit-and-run accident, ensuring you know how to protect yourself, seek compensation, and ultimately, get the justice you deserve.

Why Do People ‘Hit and Run’ After a Car Accident?

Why do drivers flee the accident scene? There are various reasons behind such actions. Some drivers may panic, feeling embarrassed or worried that they caused the accident. Others might be driving without insurance or with an expired, suspended, or non-existent driver’s licence.

Alcohol can also play a role, as drivers who have been drinking might fear a charge of driving while intoxicated. Additionally, some drivers might claim they were in a rush due to an emergency and didn’t have time to stop.

Regardless of the reason, leaving the scene of an accident is a serious crime. The consequences can vary depending on the severity of the incident but may include hefty fines and even jail time.

Anyone caught fleeing from the scene of a vehicle, bicycle, or pedestrian accident can be charged under Ontario’s provincial laws and the Criminal Code of Canada.

What You Should Do After a Hit-and-Run Car Accident

Experiencing a hit-and-run car accident can be stressful and overwhelming, but knowing what steps to take immediately can make a significant difference in how the situation is resolved.

If you see the hit-and-run car leaving the scene, try to capture as much information about the vehicle and the driver as possible. Use your phone to take a photo or video, or memorize crucial details such as the make, model, and license plate number.

Call 9-1-1

Your first action should be to call 911, especially if anyone is injured. Prompt medical attention is crucial, and having police on the scene ensures that an official report is filed, which will be important for any insurance claims or legal actions.

Document the Scene

While waiting for the police, document the scene as thoroughly as possible. Take photographs of your vehicle’s damage, the location of the accident, and any relevant road signs or signals. If there are any witnesses, try to get their contact information and statements.

If you can identify any CCTV cameras in the vicinity (such as a traffic light camera, a storefront camera, dashcam or parking lot camera), make a note of its location. If you are able to, speak to the property owner about saving the footage.

If the Damage is Worth Less Than $2,000 and No One’s Injured, Visit a Collision Reporting Centre

If the damage to your vehicle appears to be less than $2,000 and no one is injured, you should visit a Collision Reporting Centre within 24 hours. These centres are equipped to help you document the accident and provide the necessary paperwork for your insurance company.

File a Police Report

Filing a police report is essential, even if the police have already been to the scene. This report will be a critical piece of evidence for your insurance claim and any potential legal proceedings. Make sure to provide all details of the accident and any information you have about the other vehicle involved.

Report the Accident to Your Insurer

As soon as possible, report the accident to your insurance company. Provide them with all the details you have gathered, including the police report number, photographs, and any witness information. Prompt reporting helps expedite the claims process and ensures you receive the benefits you’re entitled to.

Are You Responsible for Collecting Evidence? In most cases, yes, but not in some cases [Learn More]

Yes, You Will Receive Accident Benefits After a Hit-and-Run

In Ontario, Statutory Accident Benefits (SAB) are available to everyone insured under an automobile insurance policy. If you are insured and suffer injuries in a hit-and-run accident, you can apply for these benefits through your own insurer.

Designed for quick access, these benefits cover your medical treatments, rehabilitation, and income replacement needs during your recovery. The amount you may receive depends on the severity of your injuries.

You can apply to your own insurance company for Statutory Accident Benefits. Even if the other driver cannot be identified, your insurance company will still provide these benefits. Accident benefits can include payments of up to $400 per week in Income Replacement Benefits if the accident prevents you from returning to work.

These benefits are available regardless of who is at fault. Claiming accident benefits does not increase your insurance premiums; however, if your insurance company determines that you were fully or partially at fault for the accident, your premiums may increase.

Will Insurance Cover a Hit-and-Run in a Parking Lot?

Unsplash

Hit-and-run accidents are all too common in parking lots. While some drivers may leave their contact information on your car, many simply drive away, hoping the incident goes unnoticed.

Many commercial buildings and multi-family residential properties have security cameras, increasing the likelihood that your accident was captured on film.

Gather your own video and photographic evidence for the police and your insurance company. Next, take your car to a body shop for an independent damage appraisal – it's beneficial to get a quote separate from your insurance company.

You May Receive Compensation From Your Insurance Company

In Ontario, if you’re hit by an unidentified driver, your automotive policy’s Unidentified and Uninsured section offers initial protection. The Ontario Insurance Act provides a statutory minimum coverage of $200,000, though this can be reduced to $25,000 for property claims.

To qualify, report the accident to the police within 24 hours or as soon as possible, and your insurer must confirm, after investigation, that an unidentified driver caused the collision.

If your damages exceed $200,000 and you have ‘OPCF 44R Family Protection Coverage,’ you’re further protected. This additional coverage compensates for injuries and damages beyond the statutory minimum when the at-fault driver is uninsured, underinsured, or unidentified. Specific conditions must be met to make a claim.

You may receive full coverage up to your third-party liability limits if you can provide corroborating evidence, such as independent witness testimony or physical proof of an unidentified vehicle. Even with this evidence, you must prove the unidentified driver's negligence on a balance of probabilities.

Insurance claims can be intricate, and this summary is simplified. If you’re involved in a hit-and-run, consult an experienced motor vehicle accident lawyer promptly. A car accident lawyer can guide you through the requirements and deadlines critical to your claim.

As a Last Resort, There’s Ontario's Motor Vehicle Accident Claims Fund (MVACF)

If the at-fault driver is unidentified or later discovered to be uninsured, Ontario's Motor Vehicle Accident Claims Fund (MVACF) may be your last resort for compensation. The MVACF is designed to provide benefits when no other insurance is available. It can cover medical expenses, rehabilitation costs, and income replacement, similar to a standard insurance policy. That said, the amounts it provides are substantially lower than what you could be expected to receive from insurance or by way of compensation.

To qualify for MVACF assistance, you must report the accident to the police promptly and demonstrate that all efforts to identify the other driver or obtain compensation from other sources have been exhausted. The claims process can be complex, requiring detailed documentation and proof of your losses.

Involved in a Serious Hit-and-Run? Speak to a Personal Injury Lawyer Immediately

If you've been involved in a serious hit-and-run accident, seeking immediate legal advice is crucial. A personal injury lawyer can guide you through the complex process of filing claims, gathering evidence, and pursuing compensation.

Don’t navigate this challenging situation alone–reach out to a personal injury lawyer to protect your rights and secure your recovery. Our personal injury lawyers in Toronto are available 24/7 to assist accident victims and their loved. Reach out to us today.